beta
(영문) 부산고등법원(창원) 2019.09.05 2019나11329

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. According to the expansion of the purport of the claim by this court, the defendant 8,530.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment, except for adding the judgment on the argument that the defendant made in this court as set forth in paragraph (3) below. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act

2. The height of the part of the judgment of the court of first instance is as follows: (a) each of the “as of January 31, 2018” in the second and second Forms 12 and 15 of the judgment of the court of first instance shall be deemed as “as of October 2017.”

Of the 15th sentence of the first instance court, “512,468,066 won, as requested by the Plaintiff,” shall be deleted.

In the 12th sentence of the first instance court, the phrase “ October 31, 2018” in the 17th sentence means “ October 1, 2017 (the most favorable date to the defendant among October 2017),” and the phrase “ January 31, 2018” in the 18th sentence means “ October 1, 2017.”

Part 2 through 5 of the decision of the court of first instance shall be as follows.

"Therefore, the defendant, therefore, for the plaintiff, 512,468,06 won already cited in the judgment of the court of first instance from June 30, 2018 to July 25, 2018, the delivery date of a copy of the complaint of this case, 5% per annum prescribed by the Civil Act, from June 30, 2018 to July 25, 2018, the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, main sentence of Article 3 (1) of the Addenda to the Regulations on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); the statutory interest rate of Article 3 (1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 201; Presidential Decree No. 29750, May 21, 2019).